[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3017 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3017

 To amend the FAST Act to improve the Federal permitting process, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

 Mr. Portman (for himself and Mrs. McCaskill) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the FAST Act to improve the Federal permitting process, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Permitting Reform and Jobs 
Act''.

SEC. 2. FEDERAL PERMITTING IMPROVEMENT.

    (a) Definitions.--
            (1) In general.--Section 41001 of the FAST Act (42 U.S.C. 
        4370m) is amended--
                    (A) in paragraph (4), by striking ``means'' and all 
                that follows through the period at the end and 
                inserting ``has the meaning given the term in section 
                1508.5 of title 40, Code of Federal Regulations (as in 
                effect on the date of enactment of the Federal 
                Permitting Reform and Jobs Act).'';
                    (B) in paragraph (5), by striking ``Federal 
                Infrastructure Permitting Improvement Steering 
                Council'' and inserting ``Federal Permitting 
                Improvement Steering Council''; and
                    (C) in paragraph (6)--
                            (i) in subparagraph (A), in the matter 
                        preceding clause (i), by inserting ``projects'' 
                        after ``infrastructure'';
                            (ii) by striking subparagraph (B);
                            (iii) by striking the paragraph designation 
                        and heading and all that follows through ``The 
                        term'' in subparagraph (A) in the matter 
                        preceding clause (i) and inserting the 
                        following:
            ``(6) Covered project.--The term'';
                            (iv) in clause (i), by striking ``(i)(I) is 
                        subject to NEPA;'' and inserting the following:
                    ``(A)(i) is subject to NEPA;'';
                            (v) by redesignating clause (ii) as 
                        subparagraph (B) and indenting appropriately;
                            (vi) in subparagraph (A) (as so 
                        redesignated), by redesignating subclauses (II) 
                        and (III) as clauses (ii) and (iii), 
                        respectively, and indenting appropriately; and
                            (vii) in subparagraph (B) (as so 
                        redesignated), by redesignating subclauses (I) 
                        and (II) as clauses (i) and (ii), respectively, 
                        and indenting appropriately.
    (b) Permitting Process Improvement.--Section 41003 of the FAST Act 
(42 U.S.C. 4370m-2) is amended--
            (1) in subsection (a)(3)(A), in the matter preceding clause 
        (i), by inserting ``and the Executive Director'' after ``as 
        applicable,'';
            (2) in subsection (b)(2)--
                    (A) by striking ``14 days'' each place it appears 
                and inserting ``14 business days''; and
                    (B) in subparagraph (A)(ii), by inserting 
                ``completed'' before ``notice'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B), by adding at the end the 
                following:
                            ``(v) A checklist--
                                    ``(I) to help project sponsors 
                                identify potential natural, cultural, 
                                and historic resources in the area of 
                                the project; and
                                    ``(II) the purposes of which are--
                                            ``(aa) to identify agencies 
                                        and organizations that can 
                                        provide information about 
                                        natural, cultural, and historic 
                                        resources; and
                                            ``(bb) to develop the 
                                        information needed to determine 
                                        the range of alternatives.
                            ``(vi) In the case of a tiered project 
                        review, a description of the relationship 
                        between any applicable programmatic analysis 
                        and the planned tiered environmental review.''; 
                        and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``As part of the 
                                coordination project plan'' and 
                                inserting the following:
                            ``(i) In general.--In accordance with 
                        clause (ii) and as part of the coordinated 
                        project plan''; and
                                    (II) by adding at the end the 
                                following:
                            ``(ii) Goal.--
                                    ``(I) In general.--The permitting 
                                timetable established under clause (i) 
                                shall provide for the completion of the 
                                permitting process within 2 years.
                                    ``(II) Exception.--If the 
                                facilitating agency or lead agency, as 
                                applicable, determines that the 
                                permitting process cannot be completed 
                                within 2 years, the coordinated project 
                                plan under paragraph (1) shall 
                                include--
                                            ``(aa) the specific reasons 
                                        why the facilitating agency or 
                                        lead agency, as applicable, 
                                        anticipates that the permitting 
                                        process will take longer than 2 
                                        years; and
                                            ``(bb) the specific efforts 
                                        that the facilitating agency or 
                                        lead agency, as applicable, 
                                        each coordinating and 
                                        participating agency, the 
                                        project sponsor, and any State 
                                        in which the project is located 
                                        will take to reduce the time 
                                        needed to complete the 
                                        permitting process.''; and
                            (ii) in subparagraph (F)(ii)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``or is at 
                                significant risk of failing to conform 
                                with'' and inserting ``or reasonably 
                                believes the agency will fail to 
                                conform with a completion date 30 days 
                                before''; and
                                    (II) in subclause (I), by striking 
                                ``significantly risking failing to 
                                conform'' and inserting ``reasonably 
                                believing the agency will fail to 
                                conform'';
            (4) in subsection (d)--
                    (A) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively, and 
                indenting appropriately; and
                    (B) by striking the matter preceding subparagraph 
                (A) (as so redesignated) and inserting the following:
            ``(1) In general.--The facilitating or lead agency, as 
        applicable, shall provide an expeditious process for potential 
        or current project sponsors to confer with each potential and 
        identified cooperating and participating agency involved.
            ``(2) Provision of information.--Not later than 60 days 
        after the date on which the potential or current project 
        sponsor submits a request under this subsection, each agency 
        that received such a request shall provide to the project 
        sponsor information concerning--''; and
            (5) by striking subsection (f) and inserting the following:
    ``(f) Facilitation of Environmental Review and Authorization 
Process of Additional Projects.--
            ``(1) In general.--In the case of a project that is not a 
        covered project, on the request of an individual described in 
        section 41002(b)(2)(B) or the project sponsor, the Executive 
        Director may work with the lead agency and any cooperating or 
        participating agency to facilitate the environmental review and 
        authorization process in accordance with this subsection, 
        including by--
                    ``(A) mediating and resolving disputes;
                    ``(B) promoting early coordination among the 
                agencies; and
                    ``(C) taking such actions as may be established 
                pursuant to paragraph (2).
            ``(2) Establishment of policies.--The Executive Director, 
        in consultation with the Director of the Office of Management 
        and Budget and the Chair of the Council on Environmental 
        Quality, may establish policies and procedures as appropriate 
        to carry out the facilitation under paragraph (1).
            ``(3) Cooperation required.--If the Executive Director is 
        facilitating the environmental review and authorization process 
        under paragraph (1), the lead agency and any cooperating or 
        participating agency shall cooperate with the Executive 
        Director to the maximum extent practicable.
            ``(4) Savings provision.--Facilitation of a project by the 
        Executive Director under paragraph (1) shall not subject the 
        project to any provisions under this title, other than as 
        provided in this subsection.''.
    (c) Coordination of Required Reviews.--Section 41005(b) of the FAST 
Act (42 U.S.C. 4370m-4(b)) is amended--
            (1) by striking ``(1) State environmental documents; 
        supplemental documents.--'';
            (2) by redesignating subparagraphs (A) through (E) as 
        paragraphs (1) through (5), respectively, and indenting 
        appropriately;
            (3) in paragraph (1) (as so redesignated), by redesignating 
        clauses (i) and (ii) as subparagraphs (A) and (B), 
        respectively, and indenting appropriately;
            (4) in paragraph (2) (as so redesignated), by striking 
        ``subparagraph (A)'' each place it appears and inserting 
        ``paragraph (1)'';
            (5) in paragraph (3) (as so redesignated)--
                    (A) in the matter preceding clause (i), by striking 
                ``subparagraph (A)'' and inserting ``paragraph (1)''; 
                and
                    (B) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
            (6) in paragraph (4) (as so redesignated)--
                    (A) in the matter preceding clause (i), by striking 
                ``subparagraph (C)'' and inserting ``paragraph (3)''; 
                and
                    (B) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately; and
            (7) in paragraph (5) (as so redesignated)--
                    (A) by striking ``subparagraph (A)'' and inserting 
                ``paragraph (1)''; and
                    (B) by striking ``subparagraph (C)'' and inserting 
                ``paragraph (3)''.
    (d) Litigation, Judicial Review, and Savings Provision.--Section 
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the action'' and 
                        inserting ``the claim''; and
                            (ii) by striking ``of the final record of 
                        decision or approval or denial of a permit'' 
                        and inserting ``of notice of final agency 
                        action on the authorization''; and
                    (B) in subparagraph (B)(i), by striking ``the 
                action'' and inserting ``the claim''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``this section'' and inserting ``this title''.
    (e) Reports to Congress.--Section 41008(a)(2) of the FAST Act (42 
U.S.C. 4370m-7(a)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``based on'' and all that follows through ``including'' and 
        inserting ``, including'';
            (2) in subparagraph (A), by striking ``those best 
        practices'' and inserting ``the best practices described in 
        section 41002(c)(2)(B)'';
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) agency compliance with sections 41003 through 
                41006.''.
    (f) Funding for Governance, Oversight, and Processing of 
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42 
U.S.C. 4370m-8) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--For the purpose of carrying out this title, the 
Executive Director, in consultation with the heads of the agencies 
listed in section 41002(b)(2)(B) and with the guidance of the Director 
of the Office of Management and Budget, may, after public notice and 
opportunity for comment, issue regulations establishing a fee structure 
for sponsors of covered projects to reimburse the United States for 
reasonable costs incurred in conducting environmental reviews and 
authorizations for covered projects.'';
            (2) in subsection (b), by striking ``and 41003'' and 
        inserting ``through 41008''; and
            (3) in subsection (d)(3)--
                    (A) by striking ``The Executive Director'' and 
                inserting ``For the purpose of carrying out this title, 
                the Executive Director''; and
                    (B) by inserting ``and other projects under this 
                title'' before the period at the end.
    (g) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is 
repealed.
    (h) Repeal of Certain Exclusions.--Section 11503(b) of the FAST Act 
(42 U.S.C. 4370m note; Public Law 114-94) is repealed.
    (i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST 
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking 
``councilmem-ber'' and inserting ``councilmember''.
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